https://sleepyhollow.localarchives.org/files/original/9085485580fd6fda496d557f266a179d.pdf 631522ba3b7492ee1cd69d7c6ad88270 PDF Text Text A regular meeting of the Zoning Board of Appeals was held on April 16, 1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 MEMBERS PRESENT: Robert Anello, Chairman Linda Moiron John Morabito Miguel Jiminez Angelo LoMoscolo ALSO PRESENT: James Margotta, Building Inspector Janet Gandolfo, Esq. ABSENT: James Timmings, III Elliot Martone IN THE MATTER OF 160 CORTLANDT STREET, SLEEPY HOLLOW, NEW YORK 10591 (Continued) Mr. Hughes who represents the applicant submitted new parking plans and a contract of sale to the Board. Mr. Hughes said that the proposed curb cut does not result in a loss of metered parking. The meter has to be moved to the north. No curb cut exists on the Cortlandt Street side. Mr. Jiminez stated that anything would be better than what is on the property now. The parking on one side is larger, the space is 19 x 9. On the Depeyster Street side the space is smaller. Ms. Gandolfo stated that the parking space only needs to be 9 xl8. Mr. Anello stated that the back area needs to be re-constructed. A lot of grading would have to be done. Mr. Anello asked whether because the back needs to be reconstructed, a 5-6 foot grade cut would be necessary. Mr. Hughes stated yes. Mr. Margotta stated that the parking spaces could be difficult but they meet the requirements. The driveway is 10 feet wide. Mr. Anello stated that parking is a major issue in that neighborhood. Mr. Jiminez stated that if they use every square inch of the property, the parking on the street should be all right. �Mr. Anello stated that the traffic flow is the way it is because the driveway is very narrow. There should be an easy traffic flow going one way. If the reconstructed wall was smaller the applicant might be able to make the parking spots on the Depeyster Street side larger. Mr. Hughes stated that when the escavation is done the grade may be steep. Mr. Margotta stated that if the planting areas were smaller two parking spots could possibly be larger. The sizes of spaces one and two do not qualify under the code. Four spots could be built but the applicant would like to provide five. Under the current Zoning Code variances would be conforming needed to put four different units into a small piece of property. Mr. Jiminez stated that the applicant wants to do something positive. Mr. Morabito stated that if the planter were to be cut down there would be 36 ft. for parking. If it were cut to five feet you would be able to fit two more cars. The question was raised "does anyone have a concern with four units in building?" Mr. Jiminez stated that this is a tiny store. Most storefront rents are high because they're large. Mr. Morabito stated that he was in the property. The applicant has to put more money in and needs the three rentals to re-coup his money. Mr. Anello has not seen the reason the applicant should be doing it. In the past the fire department has wanted a limit on the increase in traffic. Discussion ensued. The only hardship to the owner is the desire to get more money for his property and for the applicant the desire is to get more rent. Mr. Hughes stated that this is a classic case of non conforming use. Economic hardship is irrelevant under area variance requirements. Discussion ensued on the impact of the community and having and not having benefits. Mr. Anello asked the reason the applicant wants to improve the property in this fashion. To expand a nonconforming use requires a reason, it would be hi violation of area variance rules. �Mr. Hughes stated that the benefit is the use of the property. The property has been on the market for a long period of time. There wouldn't be a hardship because the buyer would back out. Mr. Jiminez stated that he feels everything is okay. Mr. Hughes stated that he can presentfinancialdata. Mr. Hughes said a request for an area variance does not get into economic analysis. Mr. Anello stated that he would like to see the economic reasons why an increase in units is necessary including the need for additional rent. Mr. Hughes questions this value of such an exercise. Mr. Anello feels this is valuable. Mr. Lomoscolo stated that there is a benefit to the applicant and/or a detriment to the community. The parking situation may be beneficial. Mr. Lomoscolo does not see too much detriment to the Village. Mr. Jiminez stated that the house has been a two family, illegal or not, there was one upstairs and downstairs. Mr. Anello stated that it doesn't meet four of the setback issues but is happy with the parking spaces. Mr. Hughes can compute the income. Mr. Anello stated that if this was granted, it would be without reason therefore he believes it could not be justified. Mr. Lomoscolo stated the Board has the right to require a justification. The necessity of economic justification and a need for a variance usually includes economic reasons. The need usually translates into some economics. Mr. Morabito stated that this application stands on it's own feet and thinks it should be a go 100%. The applicant can remove the planter and put two parking spaces . Mr. Lomoscolo feels it would not be fair if he voted, because he wasn't at the earlier meeting, he would have to abstain. Mr. Anello feels that a variance cannot be given without a basis. Mr. Hughes stated that he would like to have this application adjourned and continued at the next meeting which will allow time to gather the numbers. —3- -.:VtiA-• ~~z-'"':>:«-; :>> .•*^-^^:&±x&*&&tt^^jC-iiJ&cii<2r&i*.^3,~^~ r ±*^>Aj^^iSsjA%%&±jitsi£i �Mr. Anello made a motion to adjourn this application until next months meeting, seconded by Mr. Lomoscolo. Motion carried unanimously. MINUTES Mr. Anello made a motion to accept the minutes of March 19,1997 as written, except for changing one typographical error, seconded by Mi .Morabito. Motion carried unanimously. Being no further business, the meeting was adjourned. Respectfully submitted, Christine Zambrano Recording Secretary -4- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-04-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text